Atlantic Reporter, Volume 106West Publishing Company, 1919 |
From inside the book
Results 1-5 of 100
Page 9
... cause of Mrs. Brandon's death . His an - ed by the defense : swer to the question was : " She died from shock as a result of her injuries . " We can see no ground of objection to this answer . It tended to support the allegation as to ...
... cause of Mrs. Brandon's death . His an - ed by the defense : swer to the question was : " She died from shock as a result of her injuries . " We can see no ground of objection to this answer . It tended to support the allegation as to ...
Page 21
... causes the arrest of and binds over a citizen to keep the peace , may be held liable for false imprisonment . Action by Emily Shaefer against Richard E. Smith , Jr. , for false imprisonment . On defendant's rule to show cause . Rule ...
... causes the arrest of and binds over a citizen to keep the peace , may be held liable for false imprisonment . Action by Emily Shaefer against Richard E. Smith , Jr. , for false imprisonment . On defendant's rule to show cause . Rule ...
Page 22
... CAUSE . made to the magistrate . One Stetz com- A verdict which is contrary to the law of plained verbally on behalf of his wife . The the case as declared in the charge of the court justice wrote down , apparently in the war- will be ...
... CAUSE . made to the magistrate . One Stetz com- A verdict which is contrary to the law of plained verbally on behalf of his wife . The the case as declared in the charge of the court justice wrote down , apparently in the war- will be ...
Page 23
... CAUSE APPEARING UPON RECORD . defendant interposed a motion in arrest of Unless bill of particulars is a part of indict- judgment . That motion was based upon two ment , facts set out in the bill are not avail - grounds : First , that ...
... CAUSE APPEARING UPON RECORD . defendant interposed a motion in arrest of Unless bill of particulars is a part of indict- judgment . That motion was based upon two ment , facts set out in the bill are not avail - grounds : First , that ...
Page 28
... ( cause No. 7 ) was immaterial . " The remainder of the brief ( there was no oral argument ) is for the most part a restate- ment of causes for reversal without discussion . [ 5 ] " Under cause No. 8 , defendant attacks an instruction ...
... ( cause No. 7 ) was immaterial . " The remainder of the brief ( there was no oral argument ) is for the most part a restate- ment of causes for reversal without discussion . [ 5 ] " Under cause No. 8 , defendant attacks an instruction ...
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Popular passages
Page 227 - To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Page 275 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Page 173 - The constitutional validity of law is to be tested, not by what has been done under it, but by what may, by its authority, be done.
Page 92 - ... profits, and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this Act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.
Page 271 - It was for the building of a bridge, which it recites the party of the second part "desires to build across the Allegheny river, and in accordance with specifications and plans * * * heretofore submitted to the. party of the first part by the .party of the second part.
Page 350 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 277 - This power, which in its various ramifications is known as the police power, is an exercise of the sovereign right of the Government to protect the lives, health, morals, comfort and general welfare of the people, and is paramount to any rights under contracts between individuals.
Page 275 - No legislature can bargain away the public health or the public morals. The people themselves cannot do it, much less their servants. The supervision of both these subjects of governmental power is continuing in its nature, and they are to be dealt with as the special exigencies of the moment may require. Government is organized with a view to their preservation, and cannot divest itself of...
Page 392 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 275 - But the power of governing is a trust committed by the people to the government, no part of which can be granted away. The people in their sovereign capacity have established their agencies for the preservation of the public health and the public morals and the protection of public and private rights. These several agencies can govern according to their discretion, if within the scope of their general authority while in power, but they cannot give away nor sell the discretion of those that are to...